Divorce Mediation – What to Expect

I have found that people do not know what to expect during divorce mediation. Whether the divorce mediation will be in person or virtual, below is a list of things to help you prepare.

Know what you have.

You should know what assets and debts you have is crucial in divorce mediation. People often think only about houses and cars, but this goes much deeper than that. You need to know about bank accounts, retirement, life insurance, furnishings, and other belongings. You also need to know about all debts. These include mortgage, car notes, credit cards, student loans, loans to family, and any other form of debt you might have. If both parties know what you have it helps to be able to settle the case.

Understand Child Support

If you have children, then understanding how child support works will help in divorce mediation. The Texas Family Code has child support outlined. Essentially it is a percentage of what Texas considers net monthly resources based on what you make. There is often little deviation from the guidelines listed the Texas Family Code. Sometimes creative possession schedules call for an adjustment of this amount, but those are rare.

Plan Possession and Access

Have an understanding of what you want for possession and access to the children in divorce mediation. Have an understanding of what the other parent will want for possession and access.

Process

Divorce mediation is different from other mediations. While every mediator is different, generally in divorce mediations the parties will be in separate rooms, with their attorneys if applicable. The mediator will generally go back and forth between the rooms to try to facilitate an agreement. Mediation is often a relaxed, casual environment so that all parties can feel comfortable speaking. Everything that happens in mediation is confidential. Every mediator will have their own way of describing confidentiality, but the basics of it is that whatever happens in mediation cannot be used in trial.

Patience

Bring patience with you. Whether mediation is a half day, 6 hours, or a full day, have patience with the process.